(a) The Evaluation Panel shall consider all Administrative Notices of Violation brought before it. It shall also consider any evidence in support of the Administrative Notice of Violation provided by the inspector including, but not limited to, reports, permits, photos, work sheets, affidavits, and statements in support of positions. When possible, all Administrative Notices of Violation which regard a worksite shall be considered together to avoid piecemeal adjudication. Any panel member whose company or department is cited shall remove himself from consideration of that citation. After consideration of the evidence, the Evaluation Panel shall decide whether liability should be assessed, and, if so, determine an appropriate sanction, all of which it shall recommend to the Director.
(b) Within 30 days of receipt of the Evaluation Panel's recommendation, the Director shall review the Evaluation Panel's recommendation and the record and determine whether to issue a finding of liability and, in the case of a finding of liability, what sanctions to impose. The Director shall issue a determination accepting, rejecting, or otherwise modifying the Evaluation Panel's findings and recommendations. The Director shall provide the respondent notice of the determination, as well as notice of the right to request review of the determination by filing with the Director a written request for review within 30 days of issuance of the notice.
(1) If no request for review is made within this time, any fine, other sanction or costs imposed by the Director's order that remain unpaid shall be a debt due and owing the City for purposes of Section 1-20-090 and, as such, may be collected in accordance with applicable law. Unless stayed by a court of competent jurisdiction, the findings, determination, and order of the Director may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
(2) If the respondent files a timely request for review, and
(A) the respondent is not the City, one of its departments, or an employee of the City, then the Director shall convene a review hearing.
(B) the respondent is the City, one of its departments, or an employee of the City, then the Director shall transmit to the head of the relevant City department a copy of the Administrative Notice of Violation and the determination of liability, and request disciplinary action. The appropriate commissioner shall provide a response describing any such action taken. This response shall be provided to the Director within 30 days after receipt of the disciplinary recommendation. The Director shall retain on file a copy of each notice transmitted pursuant to this subsection, as well as each corresponding response. Any appeal from a finding of liability to an employee shall in accordance with any applicable collective bargaining agreement. Review by the Administrative Law Officer is not available for represented employees.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 11-21-17, p. 61913, § 12; Amend Coun. J. 9-14-21, p. 35804, § 1)